Utah Admin. Code 708-53-9

Current through Bulletin No. 2024-21, November 1, 2024
Section R708-53-9 - Grounds for Refusal to Certify or Suspension of Course
(1) The division may refuse to certify or may suspend a course offered by a school for any of the following reasons:
(a) failure to comply with Title 53, Chapter 3, Part 5, Commercial Driver Training Schools Act;
(b) failure to comply with this rule and Rule R708-2;
(c) providing false information in an application or form required by the division;
(d) failure to permit the division or its representatives to inspect any school classroom, record, or vehicle used for instruction;
(e) conviction of a felony, or reasonable grounds to believe an school owner or operator has committed an act of moral turpitude; or
(f) failure to permit or enroll an individual interested in taking the course unless there is evidence the individual will not meet licensing requirements outlined in Rule R708-2.
(2) A proceeding to suspend a course offered by a commercial driver training school is designated as an informal proceeding under Section 63G-4-202.
(3) Upon receipt of a notice of agency action, a school shall not:
(a) allow a student to enroll in a course or accept payment from a student; or
(b) transfer contracts, records, properties, training activities, obligations, or licenses to another party.
(4) A school who has had a certification suspended shall not be eligible to reapply for a license until six months have elapsed since the date of the suspension.
(5) The applicant shall submit an application and required documentation for a course.
(6) Upon receipt of a completed application for a course, in addition to required documentation, the division shall conduct a review process as established by the division director to determine eligibility for reinstatement or re-certification.
(7) Notice of the division's final decision shall be provided in writing to the applicant within 20 days of receipt of the completed application, required documentation, and fees.
(8) When a request for reinstatement or re-certification is denied, the applicant shall have an opportunity to request a hearing in writing within 20 days of receipt of the division's final decision.

Utah Admin. Code R708-53-9

Adopted by Utah State Bulletin Number 2022-01, effective 12/23/2021